My Views on Punguza Mzigo Bill

 In Constitution, Devolution, Public Participation
  1. On reduction of number of MPs from the current 416 to 147

Kenya is not over represented. Kenya has greedy representatives who unprocedurally increase their perks. These representatives have constantly undermined the constitutional role of the Salaries and Remuneration Commission that is mandated to set state officers remuneration. The representatives have gone rogue, believing they deserves high remuneration. If MPs were faithful to the constitutional text, they would heed the decisions of the SRC.

On the issue of over representation, it is important to note that Kenya is a multi-ethnic state. Further, the ethnic groupings have sub-tribes, clans and sub-clans. The increase of the number of MPs after the 2013 general elections ensured that at the very least there was some measure of parliamentary representation of as many tribes, sub-tribes and clans as possible. Representation reduces political tribal, sub-tribal and clan tensions around the country. For example, reduction of the number of MPs takes us back to political domination by large tribes, sub-tribes and clans.

  1. Having each of the 47 Counties, as a single constituency unit for purposes of Parliamentary elections to Senate and National Assembly

My views on this are as stated above on representation.

  1. Elevating Senate to be an Upper House with veto powers

I see no reason for this whatsoever. Articles 95 and 96 already provide for the roles of the National Assembly and the Senate respectively. Poor legislation is caused by electing feckless members of Parliament. If indeed it is an issue of quality control of legislation, since promulgation of the Constitution, the Judiciary has aptly played this role. The Judiciary has on many occasioned struck out legislation for want of constitutionality.

What needs to be strengthened is the mediation framework between the Senate and the National Assembly and the Judiciary ably playing its arbitral role.

  1. Increasing Counties revenue share allocation to, at least, 35% from the current 15%

This I support but with a caveat. Counties have exhibited same kind of looting experienced at the national level. Constitutional oversight bodies ought to be made more independent to deal with loot at the county level.

  1. Using each of the 1450 Wards of Kenya as the primary unit of accelerated development replacing CDF

Almost all counties have ward development funds. Unlike CDF, we have not had time to study the efficacy and effects of the ward development funds. I believe, it would be instructive to revisit this proposal after ten years of devolution.

  1. Electing one man and one woman from each of the 47 Counties to the National Assembly

This proposal takes me back to my argument on representation in 1 above.

  1. Introducing a one 7-year term presidency

This I support.

  1. Reducing the cost of running parliament

This I support.

  1. Abolishing nominations in the National Assembly (except for 6 SIGs), County Assemblies and Senate

Apart from my argument on representation in 1 above. There are interests groups that must be represented at all levels of government. Doing away with nominations of special interests groups will further marginalize historically marginalized groups.

It is key to note that there is a cost for having proper and adequate representation of marginalised persons and special interest groups. The benefits for such representation cannot be reduced to a simplistic argument on the salaries and remuneration of such representatives.

  1. Abolish the position of Deputy Governor. The Governor to nominate from among vetted and appointed County Executive Officers

I support this proposal.

  1. Constitutional commissions to comprise of not more than 5-part time members who will be sitting on a necessity basis and shall be paid a sitting allowance per sitting as will be set by the SRC

The reduction of number of commissioners is welcome. However, it is vital to note that many of these commissions require full-time commissioners. Also, their remuneration is already set by SRC.

  1. Amending Chapter 6 of the Constitution to automatically adopt recommendations of public inquiry and audit reports and bar all adversely mentioned individuals from holding any public or state office

Automatically adopting inquiry and audit report runs afoul of the right to fair trial which is a non-derogable right as per Article 25 of the Constitution. Hence, unless we amend Article 25, this proposal will be contrary to core constitutional rights. But, persons adversely cited for Chapter Six violation should not hold public office until they are cleared of all allegations against them.

  1. Corruption and theft of public resources cases to be tried within 30 days and all appeals to be exhaustively concluded within 15 days

Just as I have stated above, this will go against the right to a fair trial set out under Article 25.

  1. Impose a life sentence for suspects convicted of corruption and theft of public funds. No presidential pardon and amnesty will be applicable in those cases

Imposing mandatory sentences is in itself repugnant. The Judiciary ought to have the prerogative to issue sentences depending of facts, factors and circumstances presented before it.

On pardon, just as the power of mercy is provided for under Article 133, nature of offence and circumstances of the offence ought to apply when granting mercy.

  1. Proposal that every Kenyan at the age of 18 and who acquires a national identity card shall be deemed to be a fully registered voter for purposes of elections and referenda

In our democracy that is yet to mature. Owing to the massive electoral fraud witnessed at every election, it is vital that we have a voters register. Secondly, the process of issuance of national identity cards has been called into question. Unless this process is streamlined and fool proof, national IDs should not be used as voter IDs. Thirdly, in our kind of democracy, a voter register provides some measure of accountability and certainty of the persons legally allowed to vote.

 

 

 

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Comments
  • Lui
    Reply

    Hey Ole. Thank you for your insights. On independent commissions, I would suggest that you merge the Art. 59 Commissions. Also scrap NCIC who’s tasks can easily be performed by KNHREC.

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